The Best Legal Options for Your Bee Cave Wrongful Death Case
Speak To Experienced Bee Cave Wrongful Death Lawyers About Your Legal Options
Losing a loved one is one of the most traumatizing and difficult experiences that one can go through. If another person’s or entity’s actions or omissions led to the wrongful death of your loved one in Bee Cave, you may have the right to seek compensation and justice.
There’s no easy way to deal with the untimely death of someone you care about. The grief that comes with such a loss can be overwhelming, but it is often quite troubling in cases where your loved one’s death was preventable.
The loss of a loved one can significantly impact surviving family members and dependents. Dealing with grief after the wrongful death of your loved one is never easy, but death can also lead to financial troubles. If your lost family member was the breadwinner, you may find yourself in a difficult financial position after their unexpected death.
Thankfully, you can file a wrongful death lawsuit in Bee Cave, TX, to get justice and compensation after the death of your beloved family member. If you believe your family is entitled to wrongful death compensation, contact a Bee Cave wrongful death lawyer for help. A lawyer may advise you that you are qualified to file a wrongful death lawsuit in Texas. Generally, Texas allows a victim’s spouse, children, parents, or the estate executor to file such a claim.
Call (512) 732-2727 to schedule your free consultation as soon as possible.
Bee Cave Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Bee Cave, Texas, Can Help You Determine Whether You Have a Case
“Was our loved one a victim of wrongful death?” This is one question that is asked of us quite frequently. Honestly, it is difficult to comprehend that someone would behave so irresponsibly that another person could lose their life.
We share with our clients the definition of wrongful death in Texas, which is outlined in Tex. C.P.R. Chapter 71 . To briefly summarize, in Texas, wrongful death is when an individual dies from an injury that was the result of a person’s or his agent’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
At Evans & Herlihy, our wrongful death lawyers in Bee Cave will listen to your situation and evaluate the relevant factors. Based on our knowledge and experience, we can let you know if you have a valid claim and should file a wrongful death lawsuit.
Common Causes of Wrongful Death in Texas
There are numerous causes of wrongful death. While some are very specific and may happen only rarely, others do occur more frequently. Some of the most common causes of wrongful death in Texas include, but are not limited to:
- Vehicular Accidents: Unfortunately, wrongful deaths frequently occur as a result of car, truck, and motorcycle accidents. While sometimes one of the drivers is at fault (reckless driving; driving under the influence of drugs or alcohol; or distracted driving, like driving while texting), at other times accidents resulting in death can be caused by inadequate or incorrect traffic signs, poor road conditions or even malfunctioning vehicles.
- Work Accidents: Employers are responsible for adhering to safety laws and providing their employees with an appropriate environment in which to work. Unfortunately, just because an individual or organization is supposed to behave in a certain way, this does not guarantee that it will. Work accidents that result in wrongful deaths include falls and machinery and equipment accidents. Our Bee Cave wrongful death lawyer can help determine if the accident that harmed your loved one would qualify.
- Product Issues: Corporations are responsible for manufacturing safe products. Unfortunately, sometimes defects are not discovered until accidents happen. Or sometimes issues occur in the manufacturing process, making certain products dangerous and even deadly.
- Property Accidents (Premises Liability): Both owners of homes and of commercial businesses are responsible for keeping their property safe. If their negligence results in an issue in which someone loses their life (like falling from an unsafe balcony or suffering from an electrical shock), they can be held responsible and face a wrongful death lawsuit.
- Medical Malpractice: Doctors, nurses, pharmacists, and even healthcare systems can all make mistakes that result in the death of a patient. When this happens, a wrongful death lawsuit due to medical malpractice can be filed.
The Evans & Herlihy wrongful death attorneys in Bee Cave can review the events that led to your loved one’s death and let you know if they believe filing a wrongful death suit is in your best interests.
Who Can File a Wrongful Death Claim in Bee Cave, Texas?
Texas law clearly defines who has the legal right to file a wrongful death lawsuit. These individuals include the surviving spouse, any children (regardless of age), and parents.
These lawsuits must be filed within the timeline as established by the statute of limitations. In Texas, this means that you must file within 2 years from the date that your loved one died.
If none of the family members files suit within 90 days, the executor of the deceased’s estate can move forward with a lawsuit. If you are an executor, it is important to understand that any of the surviving family members listed above can prevent you from filing.
Should the executor file a lawsuit, compensation awarded would be distributed based on the directions as outlined in the will of the deceased or the laws of the state.
Wrongful Death Compensation: An Overview
One of the most common questions asked when wrongful death cases are being discussed is “How much will my settlement be?” While this question is impossible to answer specifically, it is possible to provide an overview of the damages that can be awarded.
In Texas, wrongful death damages are divided into three categories. They are:
- Economic Damages: These damages are those that can be easily calculated. They may include medical expenses (for treatment prior to death), funeral expenses, loss of future earnings, and loss of future benefits.
- Non-Economic Damages: These damages are more difficult to quantify but are still very real. Among the components of this part of a settlement can be emotional pain of the surviving family; physical pain and suffering of the deceased before death; anxiety experienced by loved ones; loss of companionship; and loss of consortium.
- Punitive Damages:Not appropriate in every case, punitive (exemplary) damages are awarded to punish defendants and serve as a deterrent for future behavior. These are assigned only when the actions of the defendant were particularly reckless or malicious.
In determining damages, many factors are taken into account, including the age, earnings potential, and responsibilities of the victim; the specific situation that caused the death; and the victim’s assets.
Once a settlement has been declared, it will be divided among the surviving eligible family members in proportion to their loss. It is important to understand that wrongful death cases are filed in civil court in Texas – thus, jail time is never an option. A separate criminal trial would need to be held to determine guilt and that type of punishment.
Evans & Herlihy Is Well-Positioned to Help You
Benefits of Working With a Bee Cave, TX, Wrongful Death Attorney
Money cannot bring back your loved one. However, it can go a long way in filling the financial void they left behind. Compensation can help you get back on your feet after the death of your loved one.
At Evans & Herlihy, we take wrongful death cases seriously. Accidents at the workplace, slip and fall accidents, and motor vehicle accidents are some of the causes of wrongful deaths in Bee Cave, TX. In fact, the Federal Agency for Healthcare Research and Quality reports that injuries from falls account for the highest costs among patients treated in the E.R. and later admitted to the hospital. Sadly, some of these patients die due to the negligence of other parties.
Our wrongful death lawyers in Bee Cave will work with you from the start of your case to its end. What’s more, we operate on a contingency fee basis, meaning you pay us nothing unless we secure the compensation your family deserves.
Here are some benefits of hiring our Bee Cave, TX, wrongful death lawyers to handle your case.
The longer you wait before contacting a Bee Cave wrongful death lawyer, the higher the probability of losing valuable evidence. At Evans & Herlihy, our legal team can gather and preserve evidence of the defendant’s actions and negligence. The evidence may include the following:
- Medical records
- Official police reports
- Photos and videos of the scene
- Expert witness testimony
- Eyewitness testimony
- Employer wage statements.
Filing Your Suit on Time
Even though two years may seem like a long time, this period can go by quickly, especially as you are trying to adjust to your new way of life and handling financial constraints brought about by your loved one’s demise. Our wrongful death attorneys in Bee Cave can file your claim within the two-year window, ensuring your family doesn’t lose their right to compensation.
Negotiating With Opposing Counsel
Most cases don’t go to trial. They are settled out of court. Nonetheless, you must ensure insurance companies don’t lowball your family into accepting inadequate compensation for your loss and suffering. Our Bee Cave, TX, wrongful death lawyers can negotiate with insurance representatives, including their claims adjusters and attorneys, to ensure your interests are honored.
Litigating Your Claim
In some cases, the defendant may refuse to pay a fair settlement during out-of-court negotiations. At Evans & Herlihy, our trial lawyers are ready to argue your case in court to make sure you get an appropriate settlement. Our lawyers will build an airtight case to prove the at-fault party’s negligence led to your loved one’s injuries and untimely death.
For example, our lawyers can link conditions or injuries sustained in the workplace, like spinal cord injuries, burns, back injuries, illnesses, and cancer, to your loved one’s unexpected death.
Contact Our Bee Cave Texas Wrongful Death Attorney Today
Learn Why Clients Choose Us
Grief is a powerful emotion, and those in the throes of it may find it difficult to make it through the day, much less manage a legal process. At Evans & Herlihy, our Bee Cave wrongful death lawyers have a proven reputation for successfully handling cases like this. We are known for providing the highest quality service in all our personal injury cases.
Our professionals appreciate the pain you are feeling and the stress you are under. We will handle aspects of the lawsuit allowing you the time to process your loss and begin to rebuild your life.
We are the best choice in Bee Cave, Texas, because of our:
- Experience: We have decades of experience handling wrongful death cases in Texas.
- Approach: We appreciate the sensitive situations in which we operate. Our professionals are sympathetic communicators but aggressive negotiations and litigators.
- Reputation: We are well-known for our record of success.
When you engage the Evans & Herlihy Bee Cave wrongful death lawyers, you can rest assured that we will work tirelessly to achieve justice for your loved one. We are committed to proving your case and helping you to get the settlement you need and deserve.
If you have lost a loved one due to the wrongful actions of another, contact us today at (512) 732-2727 to schedule a consultation. Once we have a better understanding of what happened, we can help you move forward.
Call (512) 732-2727 to find out if you have a valid wrongful death claim.